HomeMy WebLinkAbout20070295.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant RF Holdings LLC do John Moser Case Number USR-1566
represented by Lauren Light with Tetra
Tech
Submitted or Prepared
Prior to At
Hearing Hearing
N, 1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form X
Letter to Applicant X
Affidavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Town of Berthoud, referral received June 22, 2006 X
-- �- Town of Milliken, referral received July 18, 2006
X
4 Referrals with comments X
Weld County Zoning Compliance, referral received June 22, 2006 X
Weld County Department of Building Inspection, referral received July 11, 2006 X
Weld County Department of Public Health & Environment, referral received July 12, X
2006
N. Weld County Department of Public Works, referral received June 27,2006 X
Town of Johnstown, referral received July 13,2006 X
Weld County Sheriff's Office, referral received July 26, 2006 X
5 PC Exhibits
X
5.a Letter from Harry and Carolyn Meyer dated September 15, 2006 X
5.b Letter from Delbert and Kristine Kirby dated September 14, 200E X
N' 5.c Referral from Johnstown Fire Protection District dated August 31, 2006 X
5.d Memorandum from Jacqueline Hatch regarding corrections to the staff comments X
5.e Letter from Dean Binder dated September 19, 2006 X
5.f Photos of the site X
X
I hereby certify that the twenty seven items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
EXHIBIT
Jacqudfinne4latch D Planner
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2007-0295 do
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COLORADO LAND USE APPLICATION
SUMMARY SHEET
Planner: Jacqueline Hatch
Case Number: USR-1566 Hearing Date:September 19, 2006
Applicant: RF Holdings LLC c/o John Moser represented by Lauren Light with Tetra Tech
RMC
Address: 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501
Request: A Site Specific Development Plan and a Special Review Permit for a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone District (mulch loading and unloading facility - outdoor storage of
mulch) in the A (Agricultural)Zone District.
Legal Description: Part of NW4 of Section 29, T4N, R67W of the 6'h P.M., Weld County, CO.
Location: South of and adjacent to CR 42 and approximately '/ mile west of CR 17.
Size of Parcel: 5.86 +/- acres
Parcel Number: 1059 29 000016
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received June 22, 2006
• Weld County Department of Public Health and Environment, referral received July 12, 2006
• Weld County Department of Public Works, referral received June 27, 2006
• Weld County Department of Building Inspection, referral received July 11, 2006
• Town of Johnstown, referral received July 13, 2006
• Weld County Sheriffs Office, referral received July 26, 2006
• Town of Berthoud, referral received June 22, 2006
• Town of Milliken, referral received July 18, 2006
The Department of Planning Services'staff has not received responses from the following agencies:
• State of Colorado, Division of Wildlife
• Big Thompson Soil Conservation District
• Little Thompson Water District
• Johnstown Fire Protection District
EXHIBIT
I
RF Holdings LLC USR-1566 Page 1 of 9
Sates
Wi`D 0 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1566 Hearing Date:September 19, 2006
Applicant: RF Holdings LLC c/o John Moser represented by Lauren Light with Tetra Tech
RMC
Address: 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501
Request: A Site Specific Development Plan and a Special Review Permit for a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone District (mulch loading and unloading facility - outdoor storage of
mulch) in the A(Agricultural)Zone District.
Legal Description: Part of NW4 of Section 29, T4N, R67W of the 6th P.M., Weld County, CO.
Location: South of and adjacent to CR 42 and approximately % mile west of CR 17.
Size of Parcel: 5.86 +/-acres
Parcel Number: 1059 29 000016
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses
will be accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the region."
Application materials indicate that the site can support the proposed use. Conditions of
Approval and Development Standards ensure that a reasonable attempt will be made to
be compatible with the region. The Town of Johnstown in their referral dated July 13,
2006 indicated concerns with the use of the property because of future residential
,-� subdivisions in the area.
RF Holdings LLC USR-1566 Page 2 of 9
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.R of the Weld County Code provides for a
Site Specific Development Plan and a Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone District
(mulch loading and unloading facility - outdoor storage of mulch) in the A (Agricultural)
Zone District. The site is currently in violation (VI-0600160) due to the operation of a
commercial landscaping sales and storage yard facility without the necessary Weld
County Zoning permit. If this application is approved by the Board of County
Commissioners the violation will be corrected. If this application is denied, the business
and all outdoor storage shall be removed within 30 (thirty) days of denial or the violation
case will be scheduled before the Board of County Commissioners to proceed though the
Violation Hearing process accordingly.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding property is primarily agricultural in
nature with one residence immediately to the east of the site and a second residence to
the north west of the site. The Great Western Railroad is located directly to the west of
the site. No letters have been received from surrounding property owners. The
development standards and conditions of approval will ensure compatibility with adjacent
properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The subject property lies within the three mile referral area of the
Towns of Berthoud, Johnstown and Milliken. The Towns of Berthoud and Milliken have
no objections to the application. The Town of Johnstown stated in their referral dated
July 13, 2006 that they have not received any comments or complaints regarding the
current mulch unloading operation or truck traffic. The Town has no concerns with the
use, but is requesting dust control on County Road 42 and County Road 17. A
residential development called Stroh Farms (Pioneer Ridge) to the northeast is planned
to extend south to County Road 42 and west of County Road 17 in the next three to five
years. The Town has concerns with truck traffic on this section of road once improved.
The Town is recommending that the USR be granted for a period of up to five years and
be extended (or not) subject to formal re-examination of impact of the use on the
developing area around the site. The Department of Planning Services has placed a
development standard that the Special Use Permit shall not be transferable to any
successors in interest to the prescribed property and shall terminate automatically upon
conveyance or lease of the property to others for operation of the facility.
E. Section 23-2-220.A.5-- The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The site consists
of a little over five acres and is currently being utilized for a mulching operation.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
RF Holdings LLC USR-1566 Page 3 of 9
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. If applicable, the applicant shall submit a detailed signage plan to the Department of
Planning Services. (Department of Planning Services)
B. The location of the dumpster and appropriate screening shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. A Landscaping and Screening Plan shall be submitted to the Department of Planning
Services. At a minimum staff is recommending screening along the north, east and south
side of the property. (Department of Planning Services)
D. The applicant shall provide current evidence that the facility has an adequate water
supply(i.e., well or community water system)to the Department of Planning Services and
the Department of Public Health and Environment. (Departments of Public Health and
Environment and Planning Services)
r
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Weld County Department of Public Health &
Environment of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application from the Air Pollution Control Division (APCD), Colorado Department of
Health and Environment. Alternately, the applicant can provide written evidence that they
are not subject to these requirements. Evidence of written approval shall be submitted
to the Department of Planning Services. (Department of Public Health and Environment)
B. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of written approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
C. An individual sewage disposal system is required for the office trailer. The applicant
shall submit an application to the Weld County Department of Public Health and
Environment. The septic system shall be installed according to the Weld County
Individual Sewage Disposal Regulations. The septic system is required to be designed
by a Colorado Registered Professional Engineer according to the Weld County Individual
Sewage Disposal Regulations. Evidence of written approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
D. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. Evidence of written approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
RF Holdings LLC USR-1566 Page 4 of 9
E. The applicant shall provide the Department of Planning Services with a maintenance plan
that is in compliance with Section 23-2-250.F of the Weld County Code. (Department of
Planning Services)
F. The applicant shall complete all proposed improvement including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into
a Private Improvements Agreement according to policy regarding collateral for
improvements and post adequate collateral for all landscaping, transportation (access
drive, parking areas, etcetera) and non-transportation (plant materials, fencing,
screening, water, signage etcetera). The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the Use by Special Review plat. Or the applicant may submit evidence that all
the work has been completed and approved by the Department of Planning Services and
the Department of Public Works. (Department of Planning Services)
G. The applicant shall attempt to address the requirements (concerns) of Town of
Johnstown, as stated in the referral response dated July 13, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
H. The applicant shall attempt to address the requirements (concerns) of Weld County
Sheriffs Office, as stated in the referral response dated July 26, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
The applicant shall attempt to contact the Johnstown Fire Protection District to discuss a
fire emergency plan. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
J. The plat shall be amended to delineate the following:
1. All the pages of the plat shall be labeled USR-1566. (Department of Planning
Services)
2. The off street parking spaces including the access drive shall be surfaced with
gravel and shall be graded to prevent drainage problems. (Department of Public
Works)
3. Should exterior lighting be a part of this facility, all light standards shall be
delineated on the Use by Special Review Plat. (Department of Planning
Services)
4. County Road 42 is designated on the Weld County Road Classification Plan as
major arterial road, which requires 140 feet of right-of-way at full build out. There
is presently 60 feet of right-of-way. A total of 70 feet from the centerline of County
Road 42 shall be delineated on the plat. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. This road is
maintained by the Town of Johnstown. (Department of Public Works)
5. The applicant shall provide a minimum of two (2) parking spaces. The parking
spaces shall be equipped with wheel guards or curb blocks when necessary to
,�. prevent vehicles from extending beyond the boundary of the space and from
coming into contact with other vehicles, walls, fences or plantings. (Departments
of Public Works and Planning Services)
RF Holdings LLC USR-1566 Page 5 of 9
r
6. The attached Development Standards. (Department of Planning Services)
7. The approved Landscape and Screening Plan. (Department of Planning
Services)
8. The applicant shall berm the west side of the property to channel the storm water
to drain to the southwest corner of the facility. (Department of Public Works)
9. The Great Western Railroad spur shall be delineated on the plat. (Department of
Planning Services)
10. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. (Department of
Planning Services)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps(@co.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
6. Prior to issuance of building permit:
A. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdohe.state.co.us/wa/PermitsUnit for more information. (Department of Public
Health and Environment)
B. The applicant shall submit building plans to the Johnstown Fire Protection District for
review and approval. A letter of approval shall be submitted to the Department of
Building Inspection. (Department of Building Inspection)
RF Holdings LLC USR-1566 Page 6 of 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RF Holdings LLC
USR-1566
1. The Site Specific Development Plan and a Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (mulch
loading and unloading facility - outdoor storage of mulch) in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Hours of operation will be 7:00 am to 6:00 pm Monday through Saturday. (Department of
Planning Services)
4. The site shall be limited to no more than two (2) employees on site as stated in the application
material. (Department of Planning Services)
5. There shall be no parking or staging of trucks within the public right-of-way. (Department of
Planning Services)
6. No retail sales shall be allowed from the site. (Department of Planning Services)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public
Health and Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
10. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved dust abatement plan at all times. (Department of
Public Health and Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
RF Holdings LLC USR-1566 Page 7 of 9
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
14. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
15. The facility shall utilize the existing public water supply. (Department of Public Health and
Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
18. The applicant shall submit building plans to the Johnstown Fire Protection District for review and
approval prior to the issuance of building permits. A letter of approval shall be submitted to the
Department of Building Inspection. (Department of Building Inspection)
19. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
20. The site must take into consideration storm water capture/quality and provide accordingly for best
management practices. (Department of Public Works)
21. The applicant shall be required to provide adequate dust suppressant chemical (magnesium
chloride or calcium chloride) for approximately 300 feet from adjacent residents on County Road
20. Dust suppressant shall be placed a minimum of twice a year or as needed and determined
by the Weld County Public Works Department, Motor Grader Division Supervisor. Department of
Public Works)
22. Building permits shall be obtained prior to the construction of any building. (Department of
Building Inspection)
23. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. (Department of Building Inspection)
24. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently, the following has been adopted by Weld County: 2003 International
Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002
National Electrical Code and Chapter 29 of the Weld County Code. The office will most likely be
classified as a B occupancy. The storage portion will most likely be classified as a S-2.
(Department of Building Inspection)
25. Buildings may require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection preformed by a Colorado registered engineer. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
26. Fire resistance walls and opening, construction requirement, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
RF Holdings LLC USR-1566 Page 8 of 9
27. Building heights shall be measured in accordance with 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements for Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld
County Code in order to determine compliance with offset and setback requirements. When
measuring buildings to determine offset and setback requirements, buildings are measured to the
farthest projection from the building. Property lines shall be clearly identified. (Department of
Building Inspection)
28. Fire extinguishers, charged and ready, shall be located every twenty five (25) feet on site.
(Department of Planning Services)
29. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
30. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
31. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
32. On site lighting, including security lighting if applicable shall maintain compliance with Section 23-
3-250.B.6 of the Weld County Code. (Department of Planning Services)
33. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250,Weld County Code.
36. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
37. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
38. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
RF Holdings LLC USR-1566 Page 9 of 9
6 DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
424
LONGMON 2, COC 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720)652-4211
111k.
COLORADO
June 16,2006
RF Holdings LLC
do Lauren Light
Tetra Tech RMC
1900 S Sunset Ste 1-F
Longmont CO 80501
Subject: USR-1566- Request for a Site Specific Development Plan and Special Review Permit for a Use by Right,an accessory
use,or a Use by Special Review in the Commercial of Industrial Zone District(mulch loading and unloading facility-
outdoor storage of mulch)in the A(Agricultural)Zone District on a parcel of land described as Part NW4 Section 29,T4N,
R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting with the
Weld County Planning Commission for September 19,2006,at 1:30 p.m. This meeting will take place in the Hearing Room,Weld
County Planning Department,4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members may have.
the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,
C.R.S.24-65.5-103 (adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public
hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements
have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the
property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the
submitted materials to the Berthoud,Johnstown and Milliken Planning Commission for their review and comments. Please call
Berthoud at(970)532-3754,Johnstown at(970)587-4664 and Milliken at(970)587-4331 for further details regarding the date,time,
and place of this meeting. It is recommended that you and/or a representative be in attendance at the Berthoud,Johnstown and
Milliken Planning Commission meeting to answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to
post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In
the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-
of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning
Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the
applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain
the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
rnq a at fi
.Hoer
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 0' I41 ‘,6 6 THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM AUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A
SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE
SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A
SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE)
INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEASTSEN DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR DM - iS66 IN THE A
(AGRICULTURAL) ZONE DISTRICT.
A-c- i4-
Name of Person Posting Sign —Jacqueline Hatch
Signaire of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this Q Q day of tbr"-ux-Apa
2006. WITNESS my hand and official seal.
.
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CASE N0. USfl- I54 f S tat */-ACRES
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PLANNING SERVICES AT
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FIELD CHECK ��77 //'��
CASE NUMBER: USR-1566 DATE OF INSPECTION: 7 efe 90
APPLICANT'S NAME: RF Holdings LLC
PLANNER: Jacqueline Hatch
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by Right,an accessory use,
or a Use by Special Review in the Commercial of Industrial Zone District (mulch loading and
unloading facility- outdoor storage of mulch) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part NW4 Section 29, T4N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 42; approximately mile west of CR 17.
LAND USE: 'may`
N ,/}� i11G� V!%L =�ttekte-Cst se
Z�,
E / //� 4y t"caf /7 '
S gCd4 ✓_ "� , ' f`- -�
W 10 ,n-,'. -- 7. ,
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS
-e �_7,.......474,,j44ifeeigy
alettCtale*
P.C. datie-A-1C-1-e 54) .,72-4g-fier 7/.Yiettlegil?
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Member 1/
FIELD CHECK Inspection Date: _9/8/06
APPLICANT: RF Holdings LLC c/o John Moser represented by Lauren Light with Tetra Tech
CASE# : USR-1566
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Use by Right,an accessory
use,or a Use by Special Review in the Commercial or Industrial Zone District(mulch loading and
unloading facility-outdoor storage of mulch)in the A(Agricultural)Zone District.
LEGAL: Part of NW4 of Section 29,T4N, R67W of the 6th P.M.,Weld County, CO.
LOCATION: South of and adjacent to CR 42 and approximately Y:mile west of CR 17.
PARCEL ID#: 1059 29 000016
ACRES: 5.86 +1-acres
Zoning i a d-Use . .
N Agricultural N Agricultural
E Agricultural E Single Family Home
S Agricultural S Agricultural
W Agricultural W Agricultural
Comments:
Lot drops down to the west/railroad
Dirt road and access
Can see the site from County Road 15
Mulch piles on site
Site is in full operation
Scale house
4 rail cars on the spur
Signature
o House(s) o Derelict Vehicles
o Outbuilding(s) o Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
o Site Distance o Wetlands
o Mobile Home(s) o Oil & Gas Structures
o Other Animals On-Site o Wildlife
o Water Bodies ❑ Utilities On-Site (transmission lines)
o Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
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